Martin is due to leave prison on 28 July this year

The Parole Board has been criticised for raising "burglars' rights" in the case of jailed farmer Tony Martin.

Lawyer Bitu Bhalla, acting for the Norfolk farmer who shot dead a burglar, told a High Court judge the board had "no business submitting arguments on the strategy for burglars generally".

The criticism came after submissions being made in the case that burglars have the same legal rights as their innocent victims.

But Pushpinder Saini, for the board, said: "Even if only those who came on to his property were the group at risk of the use of lethal force at the hands of Mr Martin, it was not irrational for the board to consider such a group were entitled to protection."

Martin is claiming at the High Court that he was treated unjustly when the board turned down his application for early release in January.

'Englishman's home is his castle'

Mr Bhalla told Mr Justice Maurice Kay that Martin, 59, was "not a nutter" who regarded burglars as fair game.

He argued there was more chance of winning the lottery than of Martin posing any serious future risk.

Mr Bhalla asked: "Has the Parole Board reached the situation where it is regarded as a criticism that an Englishman's home is his castle?

"There is nothing wrong in an Englishman believing his home is his castle, and most good thinking people believe the same."

Brendan Fearon was shot at Martin's farmhouse

He also challenged the board's decision in February not to review its initial decision, despite the disclosure of psychological reports not available earlier.

The board ruled Martin was not eligible for early release after considering reports he showed no contrition for shooting Fred Barras, 16, of Newark, Nottinghamshire, when he broke into Martin's farmhouse in Emneth Hungate, Norfolk, in August 1999.

Accomplice Brendon Fearon, 33, was also shot in the leg by Martin, who was convicted of murdering Barras and wounding Fearon by a jury at Norwich Crown Court.

Martin received an automatic life sentence but the murder conviction was reduced to manslaughter and the sentence to five years by the Court of Appeal in October 2001.

The judge said he would give his verdict on Thursday.